Any uses on the land existing at the time of adoption of City of Redlands ordinance no. 1000 (August 1955), whether housed in structures or outside the structures, not in conformity with the uses permitted in this title, are hereby declared to be nonconforming uses. Such uses shall be permitted to continue, except as provided below.
A. Any nonconforming building in a residential district may be continued and maintained for the following period, representing the useful life of the class of building, as defined in the California Building Code:
1. Class 1 or 2 masonry: Forty (40) years;
2. Class 3 or 4 construction, fire resistant: Thirty (30) years;
3. Class 5 construction, frame: Twenty (20) years.
B. Ordinary repair and maintenance may be performed on a nonconforming structure or site.
C. Except as otherwise provided for nonconforming single-family or multi-family residential uses, or for historical buildings or contributing buildings in a historic district, nonconforming buildings may be continued if such buildings are not added to or structurally altered, other than as required by law, or as provided for in subsection B of this section.
D. Except as otherwise provided for nonconforming single-family or multi-family residential uses, or for historical buildings or contributing buildings in a historic district, any part of a building occupied by a nonconforming use, which use is discontinued for a period of one hundred eighty (180) consecutive days or more, shall thereafter only be used in conformity with the provisions of the zoning district in which it is located. Discontinuation shall mean any termination of a use, regardless of intent to resume the use. Payment of a valid business license or business tax certificate shall in and of itself not be considered to be a continuation of the use.
E. The provisions of this title shall not prevent the reconstruction, repairing or rebuilding, and the continuing use of any nonconforming building, or buildings, damaged by fire, explosion or act of God or the public enemy subsequent to the adoption of Redlands ordinance no. 1000, wherein the cost of such reconstruction, repairing or rebuilding does not exceed fifty percent (50%) of the reasonable replacement value. The damaged use or structure may be rebuilt and resumed provided that a building permit for the reconstruction or repair is issued within twenty four (24) months after the date of destruction, and the reconstruction or repair is diligently pursued to completion.
F. The extent of damage or partial destruction shall be determined by comparing the estimated cost of restoring the structure to its condition before the damage or partial destruction, to the estimated cost of duplicating the entire structure as it existed before the damage or destruction occurred. Estimates for this purpose shall be reviewed and approved by the building official and the Development Services Director, or their respective designees, and shall be based on the minimum cost of construction in compliance with the California Building Code. For the purpose of this section, "assessed value" shall mean the assessed value of the structure as shown on the County of San Bernardino property assessment roll in effect at the time of the occurrence of the casualty, or at the time the repair and maintenance is first conducted.
G. Except as otherwise provided for nonconforming single-family or multi-family residential uses, or for historical buildings or contributing buildings in a historic district, when the destruction exceeds fifty percent (50%) or the nonconforming structure is voluntarily demolished or is required by law to be demolished, the structure shall not be restored except in full conformity with the regulations of the zone in which it is located.
H. Nothing in this chapter shall be deemed to prevent the construction, enlargement, expansion, extension, or reconstruction (hereafter referred to as "work") of a nonconforming structure in the following manner:
1. Elimination Of Nonconformity: The work shall be allowed in order to render the use or structure in conformity with this title.
2. Compliance With Laws: The work shall be allowed in order to comply with law.
3. Seismic Retrofitting/Building Code Compliance: Repairs or alterations otherwise required by law shall be allowed in the following circumstances:
a. Reconstruction required to reinforce unreinforced masonry structures shall be allowed without cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards in compliance with title 15, "Buildings And Construction", of this Code; and,
b. Reconstruction required to comply with the City's adopted Building Code requirements shall be allowed without cost limitations, provided the retrofitting/Code compliance is limited exclusively to compliance with earthquake safety standards and/or other applicable Building Code requirements, including State law (e.g., title 24, California Code of Regulations; California Historical Building Code; etc.).
4. Alteration Or Enlargement Of A Nonconforming Structure:
a. A nonconforming structure shall not be altered or enlarged so as to further increase the difference between existing conditions and the current development standards identified for the subject zoning district, unless a variance is obtained in compliance with this Code. Alteration and enlargement may occur, but only in compliance with the current applicable development standards.
b. A nonconforming structure shall not be enlarged or moved unless the enlargement of new location conforms to the current development standards identified for the subject zoning district.
5. Permit Required: Alteration or enlargement of a nonconforming use shall require a permit.
a. A nonconforming use may not be altered or enlarged unless a building permit is first obtained, in compliance with the applicable title of this Code.
b. The use shall comply with the performance standards and applicable development standards for the subject zoning district.
c. There shall be no expansion of a nonconforming use onto an additional lot, adjacent or otherwise.
I. Nonconforming single-family residential uses that have been discontinued for a period of one hundred eighty (180) consecutive days or more, or involuntarily damaged or destroyed by more than fifty percent (50%) by a catastrophic event (e.g., fire or other calamity, by act of God, or by the public enemy), may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structure (e.g., setbacks, square footage, building height, and density standards), if the Development Services Director, or his or her designee makes affirmative determination of all of the following findings:
1. The applicant provides documentation satisfactory to the Development Services Director or his/her designee supporting the claim that the damage or destruction occurred involuntarily;
2. The replacement structure is in compliance with current Building Code; and,
3. A building permit is issued within twenty four (24) months after the date of destruction and the construction is diligently pursued to completion.
If the preceding requirements are not met, the replacement structure shall comply with all requirements of this Code.
J. A nonconforming single-family residential use located in a non-residential zone may be expanded or enlarged by no more than twenty five percent (25%) of its legal floor area that was existing at the time of adoption of this chapter, whether by single or multiple addition(s). Any existing dwelling that is enlarged by the addition of one or more bedrooms shall be required to provide off-street parking facilities in accordance with the provisions of this title.
K. Nonconforming multi-family dwelling units (including the residential component of a mixed-use project) that have been involuntarily damaged or destroyed by more than fifty percent (50%) by a catastrophic event (e.g., fire or other calamity, by act of God, or by the public enemy) may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structures (e.g., setbacks, square footage, building height, and density standards) in compliance with State law 1 , if the Development Services Director or his/her designee makes affirmative determination of all of the following findings:
1. The applicant provides documentation satisfactory to the Development Services Director or his/her designee supporting the claim that the damage or destruction occurred involuntarily;
2. The reconstruction, restoration, or rebuilding of the nonconforming multi-family residential use will not adversely affect or be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood, and will not be detrimental or injurious to property or improvements in the neighborhood;
3. No expansion of the gross floor area occurs;
4. The replacement structure is in compliance with current Building Code; and,
5. A building permit is issued within twenty four (24) months after the date of destruction and the construction is diligently pursued to completion.
If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this title in effect on the date a building permit is issued.
L. Where parking facilities are insufficient to meet the standards set in this title, or where no such parking facilities have been provided for buildings constructed prior to the effective date hereof, such buildings may not be altered, nor may additional facilities or square-footage be provided within such buildings until after the requirements for off street parking shall have been satisfied for those facilities or square-footage added or enlarged.
M. Any portion of a nonconforming building or use, which is altered or changed to a conforming use, may not thereafter be used for a nonconforming use. (Ord. 2859, 2017)
Notes
| 1 | 1. GOV § 65852.25. |